By: Hegar S.B. No. 873
A BILL TO BE ENTITLED
AN ACT
relating to the permitting authority of a groundwater conservation
district for the drilling or operation of a water well used to
supply water for the drilling, exploration, or production of oil or
gas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 36, Water Code, is amended
by adding Section 36.1133 to read as follows:
Sec. 36.1133. WELLS RELATED TO OIL AND GAS. (a) This
section applies to a water well that is to be used solely to supply
water for an activity associated with the drilling, exploration, or
production of oil or gas.
(b) An applicant for a permit, permit amendment, or permit
renewal for a water well under this section shall submit to the
district in which the well is to be located an application that:
(1) is written and sworn to; and
(2) contains:
(A) the information required by the district for
permit applications for wells used for other purposes; and
(B) the application filing fee adopted by the
district under Section 36.205(a), if applicable.
(c) An application filed under Subsection (b) is considered
administratively complete if it conforms to the requirements under
Subsection (b). An application for which no determination of
administrative completeness is made within six days after receipt
of the application is considered administratively complete.
(d) Not later than the fifth business day after the date the
district finds that an application for a water well permit under
this section is administratively complete, the district by rule
shall provide an interim authorization to the applicant. No
further district action or approval is required before the
applicant may drill, equip, operate, complete, or otherwise use the
water well under the terms of the interim authorization and
district rules during the period the district is considering the
application. The interim authorization is valid until the district
makes a final determination on the application.
(e) Except as provided in Subsections (c) and (d), the
district shall process and make a final determination on an
application under this section in the same manner that the district
processes and makes a final determination on a water well used for
another purpose.
(f) A district may apply to the owner or operator of a water
well to which this section applies the district's rules,
requirements, terms, conditions, or restrictions to the extent that
the rules, requirements, terms, conditions, or restrictions are
applied to owners and operators of water wells that are permitted by
the district and used for other purposes. A district may enforce
its rules adopted under this chapter or other law applicable to the
district against a water well to which this section applies in the
same manner as the district enforces its rules against water wells
used for other purposes.
SECTION 2. Subsections (b) and (d), Section 36.117, Water
Code, are amended to read as follows:
(b) Except as provided by this section, a district shall
provide an exemption from the district requirement to obtain a
permit for:
(1) drilling or operating a well used solely for
domestic use or for providing water for livestock or poultry if the
well is:
(A) located or to be located on a tract of land
larger than 10 acres; and
(B) drilled, completed, or equipped so that it is
incapable of producing more than 25,000 gallons of groundwater a
day; or
(2) [drilling a water well used solely to supply water
for a rig that is actively engaged in drilling or exploration
operations for an oil or gas well permitted by the Railroad
Commission of Texas provided that the person holding the permit is
responsible for drilling and operating the water well and the water
well is located on the same lease or field associated with the
drilling rig; or
[(3)] drilling a water well authorized under a permit
issued by the Railroad Commission of Texas under Chapter 134,
Natural Resources Code, or for production from the well to the
extent the withdrawals are required for mining activities
regardless of any subsequent use of the water.
(d) A district may cancel a previously granted exemption,
and may require an operating permit for or restrict production from
a well, if:
(1) the well is located in the Hill Country Priority
Groundwater Management Area and the groundwater withdrawals that
were exempted under Subsection (b)(1) are no longer used solely for
domestic use or to provide water for livestock or poultry;
[(2) the groundwater withdrawals that were exempted
under Subsection (b)(2) are no longer used solely to supply water
for a rig that is actively engaged in drilling or exploration
operations for an oil or gas well permitted by the Railroad
Commission of Texas;] or
(2) [(3)] the groundwater withdrawals that were
exempted under Subsection (b)(2) [(b)(3)] are no longer necessary
for mining activities or are greater than the amount necessary for
mining activities specified in the permit issued by the Railroad
Commission of Texas under Chapter 134, Natural Resources Code.
SECTION 3. Subsection (g), Section 36.117, Water Code, is
amended as follows:
(g) A district may not deny an application for a permit to
drill and produce water for hydrocarbon drilling, exploration, or
production activities if the application meets all applicable rules
as promulgated by the district.
SECTION 4. Section 36.1133, Water Code, as added by this
Act, and Section 36.117, Water Code, as amended by this Act, apply
only to a water well for which drilling is begun on or after the
effective date of this Act. A water well for which drilling was
begun before the effective date of this Act is governed by the law
in effect at the time drilling was begun, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.